HOUSE BILL 569

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Zachary J. Cook

AN ACT

RELATING TO ENFORCEMENT OF THE VICTIMS OF CRIME ACT; ALLOWING VICTIMS AND VICTIMS' REPRESENTATIVES THE POWER TO BRING AN ACTION TO ENFORCE THE VICTIMS OF CRIME ACT; IMPOSING DAMAGES, COSTS AND ATTORNEY FEES AGAINST PROSECUTORS WHO VIOLATE THE VICTIMS OF CRIME ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Victims of Crime Act is enacted to read:

     "[NEW MATERIAL] ENFORCEMENT.--

          A. An action to enforce the Victims of Crime Act may be brought by:

                (1) the victim; or

                (2) a victim's representative.

          B. A district court may issue a writ of mandamus, an order of injunction or other appropriate remedy to enforce the provisions of the Victims of Crime Act.

          C. The court shall award damages, costs and reasonable attorney fees to any person whose rights under the Victims of Crime Act have been denied or violated by a prosecuting attorney in a crime covered by that act as well as the prosecuting attorney's office, jointly and severally, in a successful action in court under this section.

          D. The provisions of this section apply to any crime for which the rights and duties of the Victims of Crime Act have already been established under Section 31-26-6 NMSA 1978 as of the effective date of this act."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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